The New Landscape of Willfulness and Enhanced Damages – What Should Your Company Do?

In its June 13 Halo decision, the Supreme Court overturned the Federal Circuit’s strict Seagate “objective recklessness” standard for finding willful infringement and enhanced damages. The decision not only lowered the standard for awarding enhanced damages, but also reduced the burden for meeting that standard from “clear and convincing” to “preponderance of the evidence.”

Topics covered in this workshop will include:

• Scope of the new standard and how it practically differs from the Seagate standard 


• Where in the timeline willfulness can be practically addressed, and how: before a warning letter, before litigation, after litigation, before/after product launch, etc. 


• Impact on opinion letter practice and due diligence 


• Impact on patent NPEs.

Please join our Foley panelists to get a head start in understanding the impact of this new enhanced damages standard on your business and learn practical strategies for managing the risks.

After the workshop, we will retire to a nearby Izakaya for an “Izakaya Debriefing Reception” where we can further explore these issues in a more relaxed setting.

Foley Panelists

Etsuo Doi, Co-Managing Partner, Tokyo Office
Michael (Mike) Kaminski, Co-Managing Partner, Tokyo Office
Philippe Riesen, Partner, Tokyo Office

There is no charge for this event but space is limited.

To register, reply by email to Delia Dai at [email protected] with 1) Your Name and Company, and 2) Yes or No for the Izakaya De-briefing Reception.